Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12907 of 2021 Applicant :- Afsar Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar,Deepak Singh Patel,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Afsar, in Case Crime No. 63 of 1996, under Sections-302, 120-B I.P.C. Police Station-Kakrauli, District-Muzaffar Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 20.01.2021; he has surrendered himself before trial Court; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. The occurrence was of year 1996 and it was got instantly registered upon report of one eye witness informant Maulana Naseem Ahmad against four unknown assailants; name of applicant was surfaced in the confessional statement of co-accused Dr. Nazar Ahmad, that too, said to be made before the police personnel which is not admissible in evidence; the other witness Intzaar is also of hearsay; there is no recovery from applicant; a proceeding before this Court was filed, wherein, protection was granted to the applicant, but this application under Section 482 Cr.P.C. No. 586 of 1998 was dismissed on 18.02.2021 because of non appearance and non pressing of it; after this order there was no notice to applicnat and when warrant was issued applicant instantly surrendered on 20.01.2021 before the trial Court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, it is apparent that the applicant is of two criminal antecedents of offence under Section 25 Arms Act, which has been fully explained by the applicant by way of a supplenetary affidavit, wherein, one case had ended at acquittal and in other case crime number the applicant is not named, meaning thereby, no criminal antecedent is there; First Information Report was against unknown assailants; name of applicant has been surfaced on the basis of confessional statement of co-accused; there is no recovery from the applicant; there is no eye witness account of the occurrence.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Afsar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.7.2021 Deepak/